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FILE 09-3425 <br />13 January 2010 <br />Page 3 of 3 <br />Although the applicant has not submitted engineering information for the wall, the City <br />Engineer has reviewed the survey, the contractor's sketch (Exhibit D) and feels that <br />generally the walls are necessary to maintain the slope. It appears that the patio walkway <br />and walls are a nearly in-kind replacement for the previously existing deck and seawalls. <br />One recommendation option for after-the-fact reviews such as this is to require the walls, <br />patios, decking, etc to be removed. In this situation, removal of the walls and walkway to <br />restore a vegetated slope down to the water would result in a lot of earth movement and <br />large area of open, un-vegetated ground. It appears that with the walls in place the slope is <br />stable. Restoration and re-grading the slope would open up the potential to create an <br />erosion problem. Staff would recommend that the walls be allowed to remain however the <br />Planning Commission should discuss the size of the patio walkway which replaced the <br />existing deck. The property owner has planted native grasses to help to screen the walls <br />from the lake. <br />Hardcover Calculations: <br />Hardcover Total Area in Allowed Previous Hardcover Proposed/Existing <br />Zone Zone Hardcover Hardcover <br />0 s.f Unknown, but similar 1,555 s.f. 0-75 12,451 s.f. (0%) in area to what was (12.5%) constructed. <br />75-250 16,147 s.f. 4,036 s.f. 2,462 s.f. 2,462 s.f. <br />(25%) (15.2%) (15.2%) <br />250-500 15,003 s.f. 4,500 s.f. O s.f. 0 s.f. <br />(30%) (0%) (0%) <br />Issues for Consideration <br />1. Is the new patio walkway similar enough in size to the previously existing deck to be <br />considered an in-kind replacement? <br />2. Should the applicant be required to provide additional vegetative screening for the <br />walls? <br />3. Are there any other issues or concerns with this application? <br />Staff Recommendation <br />Planning Staff recommends approval of the CUP for the retaining walls and a variance for <br />hardcover at a level the Planning Commission deems appropriate. <br />An after-the-fact permit for grading and retaining walls is required to be obtained following <br />any approvals. The applicant should be required to submit an engineer's opinion on the wall <br />construction for the building permit. The evaluation likely cannot occur until the ground <br />thaws. <br />Additional vegetative screening should be provided to help to hide the walls when viewed <br />from the lake.